Prakash Tatia, J.-Brief facts of the case are that the appellant-tenant took a premises on rent from respondent-land-lord plaintiff for which a rent deed was executed on 19.02.1978.

2. Adjoining shop to the shop in dispute was in possession of the another tenant of plaintiff who was Jasraj. After the death of Jasraj, his widow Akhi Bai was facing a suit for eviction filed by the plaintiff and that suit was decreed by the trial Court on 110.1987 against which an appeals was preferred by the tenant of that shop, which was dismissed by the High Court on 11.01.1988. The High Court granted one years time to the widow of Jasraj to vacate the premises on her furnishing undertaking for the delivery of possession to the landlord in terms of the order of the trial Court dated 11.01.1988. But during this period of one year, Akhi Bai expired on 14.05.1988 upon which escheated proceedings were started on the application of Tehsildar, Jodhpur and that said adjoining shop No. 2 was taken in possession of the State Government. In the escheated proceedings, ultimately, the respondent-plaintiff could obtain the possession of the shop on 27.02.1991 after end of the escheated litigation.

3. A